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Florida Contractor's Interim Payment Affidavit - Individual

Fort Lauderdale Florida Contractor's Interim Payment Affidavit - Individual

Q: Can a contractor put a lien on my house with no contract in Florida?

WARNING! FLORIDA&#039;S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

Q: What is a contractor&#039;s affidavit in Florida?

A contractor&#039;s affidavit provides reassurance to the project owner that all contractors and vendors on the project have been paid for the work they provided.

Category:

Liens - Construction - Mechanics

State:

Florida

City:

Fort Lauderdale

Control #:

FL-03225

Format:

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Description

This Contractor's Interim Payment Affidavit is for use by an individual contractor who has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property, for the purposes of obtaining payment from the owner. This form also states that all of the work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the lienors listed in the form.

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FAQ

By Barry Kalmanson, Esq. To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen.

WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

A contractor's affidavit provides reassurance to the project owner that all contractors and vendors on the project have been paid for the work they provided.

IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.

A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days.

Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. However, the following parties do not have any rights to file a Florida mechanics lien: Sub-sub-subcontractors (those hired by sub-subs) Suppliers to suppliers.

Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials.

The Final Payment Affidavit is a sworn statement that serves as a comprehensive outline, issued after completion of a project, to notify the property owner of how much money is still owed for materials and services provided.